Fiance(e) Visa

Accént Legal the law office of Mark Kowalewski

One way to gain a permanent resident card is by a k1 visa, known as a fiance visa.

If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married.

In order to obtain a fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S on a fiancé(e) visa. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.

If your fiancé(e) marries you within 90 days of being admitted to the United States, he or she may apply for lawful permanent resident status in the United States (a Green Card).

Can my children get status through a fiancé(e) visa?

If your fiancé(e) has a child who is under 21 and unmarried, the child may be eligible to come to the United States.

If you and your fiancé(e) married within 90 days of your fiancé(e)’s admission into the U.S., your fiancé(e)’s children who were admitted may also apply for a Green Card.

What if I already married my spouse?

If you have already married, plan to marry outside the United States, or your fiancé(e) is already residing legally in the United States, your spouse or fiancé(e) is not eligible for a fiancé(e) visa.

Can I get a work permit with a fiancé(e)visa?

After being admitted to the U.S. your fiancé(e) may immediately apply for evidence of work authorization. In this case, your fiancé(e)’s work authorization is valid for only 90 days after his or her entry into the U.S.

Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card.

What if we do not marry within 90 days after my fiancé(e) arrives in the United States?

The status will automatically expire after 90 days and cannot be extended. Generally, your fiancé(e) and his or her children must leave the United States at the end of the 90 days if you do not marry. If they do not depart, they will be in violation of U.S. immigration law. This may result in removal (deportation) and could affect their future eligibility for U.S. immigration benefits.

If you do not marry within 90 days, speak to an attorney to understand your options.

What if I have been here without documentation or I have committed a crime?

There may be a waiver available for many items that would otherwise prevent you from qualifying for a green card.

Each individual case is different. Speak with an attorney to determine what options are available.

What is the fee to file for a fiancé(e) visa?

The filing fee for the application is $535.

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